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NORTH DAKOTA LAWS 



PERTAININC TO 



Live Stock Sanitary Control 

Work 



INCLUDING 

SESSION LAWS OF 1915 

ALSO 

RULES AND REGULATIONS ESTABLISHED 

BY THE STATE LIVE STOCK 

SANITARY BOARD 



WALKER BROS. & HARDY 

STATE PRINTERS 

FARGO 



NORTH DAKOTA LAWS 



PERTAINING TO 



Live Stock Sanitary Control 

Work 



INCLUDING 

SESSION LAWS OF 1 9 1 5 

ALSO 

RULES AND REGULATIONS ESTABLISHED 

BY THE STATE LIVE STOCK 

SANITARY BOARD 



WALKER BROS. & HARDY 

STATE PRINTERS 

FARGO 



A 19 V <o 



STATE LIVE STOCK SANITARY BOARD 
OF NORTH DAKOTA. 



DR. E. J. WALSH, President Minot 

ANDREW VEITCH, Vice President Grand Forks 

W. L. RICHARDS,, Secretary Dickinson 

DR. J. W. ROBINSON. Garrison 

ALFRED WHITE Dickinson 



DR. W. F. CREWE, Executive Officer and State Veterinarian Devils Lake 

DR. L. VAN ES, Bacteriologist and Consulting Veterinarian 

Agricultural College 



D«r of b? 

FEB 31 1916 



\ 



CHAPTER 38, POLITICAL CODE, COMPILED LAWS 
OF NORTH DAKOTA, 1913. 



CHAPTEK 169, SESSION LAWS 1907, PAGE 269. 
(S. B. No. 235— Talcott.) 

LIVE STOCK SANITAEY BOARD. 

AN ACT To Establish the Live Stock Sanitary Board of North Dakota and 
to Provide for the Suppression and Control of Dangerous, Contagious and 
Infectious Diseases of Domestic Animals. 

(2678) 1. Live Stock Sanjtary Board, How Composed. Term of 
Office.] A board is hereby established to be known as the " State Live Stock 
Sanitary Board. ' ' This board shall consist of five members to be appointed 
by the governor. One shall be appointed for a term of five years, one for a 
term of four years, one for a term of three years, one for a term of two years 
and one for a term of one year, whose term of office shall commence on the 
first day of April, 1P07, and the successor of each shall be appointed for the 
term of five years thereafter and until their successors are appointed and 
qualified. Each member of said board shall be a qualified elector of the State 
of North Dakota. Three members of said board shall be persons who are 
financially interested in the breeding and maintenance . of live stock in the 
State of North Dakota and the other two members of said board shall be 
competent veterinarians who are graduates of some regularly organized and 
recognized veterinary college or university. 

(2679) 2. Board Establishes Pules axd Regulations.] It shall be 
the duty of the said state live stock sanitary board to protect the health of 
the domestic animals of this state ; to determine and employ the most efficient 
and practical means for the prevention, suppression, control and eradication of 
dangerous, contagious and infectious diseases among the domestic animals of 
the State of North Dakota, and for these purposes it is hereby authorized and 
empowered to make all such rules and regulations for 'the conduct of the busi- 
ness of said state live stock 'sanitary board as it may deem expedient. 

(2680) 3. Publication^ of; Regulations.] Said state live stock sani- 
tary board shall make the necessary regulations to carry into effect the pur- 
pose of this act, and any regulations so made shall be published in some news- 
paper or in as many newspapers as said board may deem necessary, or they 
shall be posted in not less than five public places, and such publication shall 
be deemed a legal notice to all i ersons. 

^2681) 4. Meetings. Compensation.] The said state live stock sani- 
tary board shall hold its meetings at the state capitol at such times as it may 
designate, but there shall not be to exceed four regular meetings each year; 
provided, that the president of the board shall have power to call special meet- 



LAWS, RULES, REGULATIONS 



nigs whenever in his judgment it becomes necessary. The members of the 
board shall receive as compensation for their services the sum of three dollars 
per day for each day employed, and five cents per mile actually and necessarily 
traveled in attending the meetings of the board, which sum shall be paid out 
of the state treasury upon vouchers of t' hoard duly certified by the presi- 
dent and secretary thereof. 

(2628) 5. Oath of Office. Qu allocations.] At the first meeting of 
the said state live stock sanitary board the members thereof shall take and 
subscribe the oath of office required of other civil officers and shall then pro- 
ceed to elect a president, secretary and executive officer. The executive officer 
shall be a competent and skilled veterinarian who at the time of said election 
shall be a graduate in good standing of a recognized school of veterinary 
medicine and surgery, and who shall not be a member of this board. 

(2683) 6. Salary of Executive Officer. Bond. Oath.] The exe- 
cutive officer of said state live stock sanitary board shall receive for his services 
such a sum as may be deemed proper by said board. The payment of said 
salary shall be made from the funds appropriated for the use of this board 
and in order to carry into effect the purpose of this act. Before entering upon 
the discharge of these duties he shall give a bond to the State of North Dakota 
with good and sufficient surety in the sum of five thousand dollars, conditioned 
on the proper discharge of the same. He shall furthermore receive actual 
expenses incurred and paid by him in the discharge of his duties, and such 
amounts shall be paid out of the fund appropriated for said board. Said 
executive officer shall, upon entering upon his duties, take an oath well and 
truly to perform all the duties required of him under the provisions of this 
act, which said oath shall be taken before any judge of a district court or 
notary public within the state and shall be filed with the secretary of state. 

(2684) 7. Duties of Executive Officer.] The executive officer of said 
live stock sanitary board shall act as state veterinarian and it shall be his 
duty: 

1. To ascertain by personal examination or through reports from other 
accredited representatives of said board all information which he can obtain 
regarding the existence of contagious, infectious and epidemic diseases of 
animals. 

2. To execute all orders, rules and regulations made by said live stock 
sanitary board and to present at the quarterly meetings of said board a de- 
tailed report of all matters connected with the work done by him or his sub- 
ordinates during the quarter preceding said meeting. 

(2685) 8. Bacteriologist and Consulting Veterinarian.] The pro- 
fessor of veterinary science of the state agricultural college shall act as bac- 
teriologist and consulting veterinarian to the said state live stock sanitary 
board, and it shall be his duty to make bacteriologic or pathologic examina- 
tion of all diseased animals or portions thereof, or of such material as may 
be forwarded to him by the said board or its duly authorized agents. It shall 
also be his duty to furnish material as far as lies in his power for the diagnosis 
of contagious diseases and instructions as to its use. For the services ren- 
dered said bacteriologist shall receive such compensation as the state live stock 



NORTH DAKOTA LIVE STOCK SANITARY BOARD 



sanitary board may deem proper, which shall be paid out of the fund appro- 
priated for the use of said board. 

(2686) 9. Powers of Board.] Authority is hereby given to said state 
live stock sanitary board to take all steps it may deem necessary to control, 
suppress and eradicate any and all contagious and infectious diseases among 
any of the domestic animals of the state, and to that end said board is hereby 
empowered to quarantine any domestic animal which is infected with any such 
disease or which has been exposed to infection therefrom, and to kill any 
animal so infected; to regulate or prohibit the arrival in or departure from 
the state, or any portion of the state, of any such exposed or infected animal, 
and at the cost of the owner thereof to detain any domestic animal found in 
violation of any such regulation or prohibition. 

(2687) 10. Killing of Diseased Stock, Method of. Selection of 
Experts.] Whenever a domestic animal has been adjudged to be affected 
with a contagious or infectious disease and has been ordered killed by said 
state live stock sanitary board or by an accredited agent thereof, the owner 
or keeper of said animal shall be notified thereof, and within twenty-four hours 
thereafter its owner or keeper may file a protest against the killing thereof 
with said board or its accredited agent who has ordered such animal killed. 
Such notice shall state under oath that to the best of the knowledge and belief 
of the person making such protest, such animal is not infected with any con- 
tagious or infectious disease; whereupon an examination of the animal in- 
volved shall be made by three experts, one of said experts to be appointed by 
said state live stock sanitary board, one to be appointed by the person making 
such protest and the two thus appointed to choose a third, but all experts shall 
be persons learned in veterinary medicine and surgery and graduates of a 
regularly organized and recognized veterinary college. 

(2688) 11. Expense of Experts, How Paid.] In case all three experts 
or any two of them declare that such animal is free from any contagious or 
infectious disease, then the expense of the consultation shall be paid by the 
state live stock sanitary board out of the funds appropriated for the carrying 
into effect of this act, and in case the three experts or any two of them declare 
the animal to be infected with a contagious or infectious disease then the 
expenses incurred in the consultation shall be paid by the person making the 
protest, and said expenses may be collected the same as in case of appeal in 
civil action. 

(2689) 12. Disposal of Carcass of Diseased Animal.] It shall be the 
duty of the owner or keeper of any animal killed by the order of the live 
stock sanitary board to dispose of the carcass of said animal in the manner 
prescribed by the board, and whenever the owner or keeper of an animal killed 
as aforesaid be unknown, the carcass shall be disposed of in the aforesaid 
manner at the expense of the county in which the carcass is located. 

(2690) 13. Board May Employ Agents and Assistants.] The state 
live stock sanitary board is further authorized to employ such officers, agents 
or assistants as it may deem necessary to carry out the purposes of this act, 
at a compensation to be fixed by the said board and which shall be paid from 
the funds appropriated for the purpose of carrying into effect the purpose of 



LAWS. RULES, REGULATIONS 



t'.is act. Said live stock sanitary board is further empowered to grant the 
same authority as agents of said board to the inspectors of. the United States 
department of agriculture, but when said inspectors are engaged in work by 
direction or request of the board they shall not receive compensation from the 
state or be required to give bond. 

(2691) 14. Board Has Powers of Justices of the Peace.] The state 
live stock sanitary board or any member or duly authorized agent thereof may 
examine or cause to be examined under oath all persons believed to possess 
knowledge of material facts concerning the existence or dissemination, or 
danger of dissemination of disease among domestic animals, and for this pur- 
pose shall have ali the powers "vested in justices of the peace to take depositions 
and to compel witnesses to attend and testify, and to administer oaths. Wit- 
nesses shall receive the same fees for attendance and travel as witnesses before 
the district courts, and said fees shall be paid out of the general fund of the 
state. 

(2692) 15. Power Over and of Peace Officers.] The state live stock 
sanitary board shall have power to call any sheriff, deputy sheriff or constable 
to execute its orders, and officers shall obey the orders of said board, and the 
officers performing such duties shall receive compensation therefor as is pre- 
scribed by law for like services and shall be paid therefor in like manner. 
Any officer may arrest and take before any justice of the peace of the county 
any person found violating any of the provisions of this act, and such officer 
shall immediately notify the state's attorney of such arrest and he shall prose- 
cute the person so offending according to the law. 

(2693) 16. Annual Eeport.] The said live stock sanitary board shall 
make annual report to the governor of North Dakota of all its proceedings 
and transactions from the preceding year, on the first day of December, and 
said report shall be published by the State of North Dakota. 

(2694) 17. Duty of Owners of Stock to Eeport to Board.] It shall 
be the duty of any person who discovers, suspects or has reason to believe that 
any domestic animal belonging to him or any in his charge or that may come 
under his observation belonging to other parties is affected with any contagious 
or infectious disease, to immediately report such fact, belief or suspicion to 
the state live stock sanitary board, or to a member or representative thereof. 

(2695) 18. Emergency Fund in Case of Epidemic] In ease of any 
serious outbreak of any contagious, infectious or epidemic diseases among 
domestic animals which cannot be controlled with the funds at the disposal 
of said live stock sanitary board, said board shall at once notify the governor, 
who thereupon shall call a meeting of the emergency commission, who may 
authorize money to be drawn from the state treasury to meet the emergency. 

(2696) 19* Appropriation.] There is hereby appropriated out of any 
money in the state treasury not otherwise appropriated the sum of seven thou- 
sand five hundred dollars per annum or so much thereof as may be necessary for 
the purpose of paying the expenses incurred by the state live stock sanitary 
board in carrying out the purposes of this act. 

(2697) 20. Penalty for Violation of Law.] Any person violating, 
any of the provisions of this act or any rule or regulation made by the state 



NORTH DAKOTA LIVE STOCK SANITARY BOARD 



live stock sanitary board shall be guilty of a misdemeanor and be punished by 
a fine of not less than twenty-five dollars or more than five hundred dollars, 
or by imprisonment not less than thirty days or more than ninety days. 

21. Eepeal.] All acts or parts of acts inconsistent with any of the pro- 
visions of this act are hereby repealed. 

22. Emergency.] Whereas, the terms of office of the present state 
veterinarians' expire considerable time in advance of the constitutional date 
when acts take effect; and, whereas, the said state live stock sanitary board 
will require considerable time to formulate its labors, therefore an emergency 
exists and this act shall take effect and be in force from and after its passage 
and approval by the governor. 

*Note: Sec. 19, (2696) is amended by sub-division 25, Chap. 43, Session 
Laws 1915. Sec. 17 (2694) is amended by Chap. 235, Session Laws 1915. 



CHAPTER 235, SESSION LAWS 1915. 

(H. B. No. 134— Carey.) 



NOTIFICATION OF LIVE STOCK SANITAEY BOAKD AS TO DISEASED 

# ANIMALS. 
AN ACT to amend Section 2694 of the Compiled Laws of North Dakota for 

the year 1913, Eelating to the notification of the State Live Stock Sanitary 

Board when Live Stock is Affected or Believed to be Affected with any 

ContagiouS Disease. 
Be it Enacted by the Legislative Assembly of the State of North Dakota: 

1. Amendment.] That Section 2694 of the Compiled Laws of North 
Dakota for the year 1913 is hereby amended to read as follows: 

2694. State Board to be Notified.] It shall be the duty of any person 
who discovers, suspects or has reason to believe that any domestic animal be- 
longing to him or which is in his charge, or that any domestic animal belong- 
ing to other parties, is affected by any contagious disease, to immediately 
report such knowledge, suspicion or belief to the state live stock sanitary 
board, or to a member or representative thereof; or, if he chooses, he may 
notify the township clerk, or in case the clerk cannot be found, he may notify 
any township supervisor, and it shall be the duty of. the officer so notified to 
immediately report to the state live stock sanitary board. Failure on the part 
of any such officer to immediately report to Ihe state live stock sanitary board 
or a member or representative thereof shall subject him to the penalty pre- 
scribed in Section 2697 of the Compiled Laws for 1913. It shall be the duty 
of the state live stock sanitary board to cause a sufficient number of placards, 
with this law printed thereon to be sent to the county auditors of the different 
counties and said county auditors shall distribute said placards, or shall 
send said placards to the township clerk of each township ; the township clerk 
shall post the placards in at least three conspicuous places, one of which places 
shall be the polling place and one in the town hall, if the township has a town 
hall. 



LAWS, RULES, REGULATIONS 



2. Emergency.] Whereas, an emergency exists in that no adequate pro- 
vision exists in law for reporting the presence of contagious disease ahiong live 
stock, therefore this act shall take effect and be in force from and after its 
passage and approval. 

Approved, February 18, 1915. 



CHAPTER 38, POL. CODE, COMPILED LAWS 1913. 

CHAPTER 175. SESSION LAWS 1913. 
(li. B. No. 18— Enderson.) 



GLANDERS. 

AN ACT to Amend and Re-enact Chapter 170 of the Laws of 1907, Entitled, 
"An. Act Indemnifying Owners for Animals Killed or Destroyed According 
to Law for Being Affected with the Disease Known as Glanders. ' ' 

Be it Enacted by the Legislative Assembly of the State of North Dakota: 

(2726) 1. Appraisal, How Made.] Whenever the state live stock sani- 
tary board, or any of its authorized agents,- shall deem the slaughter of a 
horse, gelding, mare, ass or mule necessary under the provisions of Section 10, 
Chapter 169, Session Laws of 1907, the actual value of said animal at the time 
of appraisal shall be determined by the state live stock sanitary board or its 
agent within twenty-four hours after the killing or destruction is ordered; 
provided, that if the owner or keeper is aggrieved by such appraisal he may 
cause a board of appraisers to be appointed according to Section 2 of this act; 
provided, the provisions of this section shall not }3revent the owner or keeper 
of animals condemned and ordered destroyed by the live stock sanitary board 
from the right of protest and examination as provided for in Section 10 of 
Chapter 169, Session Laws of 1907. 

(2727) 2. Appraisers, How Appointed.] In case the owner, or his 
agent, of the animal or animals to be destroyed under the provisions of this 
act is not satisfied with the appraisal made by the state live stock sanitary 
board, or its agents, he may protest against the same, whereupon a board of 
three appraisers is to be formed, of which one member shall be the agent of 
the state live stock sanitary board, one member shall be selected by the owner 
of the animal or animals involved, and a third member shall be selected by the 
first two members as herein provided. Whenever an appraisal of the animal 
or animals involved shall be made by such board, according to Section 3 of this 
act, and in case all appraisers or any two of them agree upon a certain valua- 
tion, this appraisal shall be regarded as final. 

(2728) 3. Maximum Valuation.] In making the appraisment the value 
put upon the animal or animals shall be the amount that such animal or animals 
would be worth had they not been affected with glanders; provided, however, 
that in no case shall the appraised value of any one animal exceed $100.00, 
to be paid by the state as hereinafter provided. 



NORTH DAKOTA LIVE STOCK SANITARY BOARD 



(2729) 4. Procedure of Destruction and Certification.] It shall be 
the duty of the state live stock sanitary board, or 'its authorized agent, who 
ordered the destruction of the animals involved, and who made the appraisal 
or took part in the same, to give notice of said facts in writing to the owner 
or keeper of said animal or animals, and to certify to such facts in writing to 
a justice of the peace of the county in which the said animal or animals are 
located, describing in said notice the diseased animal or animals with a reason- 
able degree of certainty, stating the name of the animal when known. 

(2730) 5. Duty op Owner.] It shall be the duty of the owner or keeper 
of any animal or animals to be destroyed, to destroy the same or cause the 
same to be destroyed, and to dispose of the carcass or carcasses, or cause the 
same to be destroyed before two witnesses or before the agent of the live stock 
sanitary board, in accordance with Section 12, Chapter 169, Session Laws of 
1907, and to make proper affidavit of such facts, which shall be sworn to by 
such witnesses or the agent of the state live stock sanitary board before the 
justice of the peace to whom the certification provided for in Section 4 of this 
act was made, within five days after the destruction notice was served upon 
him. 

(2731) 6. Compensation op Animals Killed.] It shall be the duty 
of the justice of the peace to file with the executive officer of the state live 
stock sanitary board the certification of the state live stock sanitary board or 
its authorized agent and the affidavits of the owner or keeper, sworn to accord- 
ing to Section 5 of this act, that the animal or animals have been killed and 
buried in accordance with Section 12, Chapter 169, Session Laws of 1907. 
~The executive officer of the state live stock sanitary board, after recording the 
same upon his docket shall examine the same, and if found correct, file the same 
with the state auditor, who shall issue a warrant on the state treasurer for 
one-half of the sum named in the appraisers' return. 

(2732) 7. Duty op the Justice op the Peace.] When the owner or 
keeper of animals ordered destroyed by the agent of the live stock sanitary 
board fails to comply with such order and to file with the justice of the. peace 
the affidavit herein required, the justice of the peace to whom the notice of the 
destruction of an animal or animals ordered to be destroyed was made, must 
notify the sheriff or any constable within the county that the order of the state 
live stock sanitary board, or its authorized agents, has not been complied with, 
or that the animal or animals have not been killed ' and buried, as provided 
for in Section 12, Chapter 169, Session Laws of 1907, failure to make affidavit 
as provided for in Section 5 of this act to be construed as non-compliance with 
the provisions of this act. 

(2733) 8. Duty op Sheriff.] It shall be the duty of the sheriff or con- 
stable of the county, immediately after receiving notice from the justice of the 
peace to proceed to destroy the animal or animals ordered to be destroyed by 
the state live stock sanitary board or its authorized agent, and the officer per- 
forming such duty shall receive compensation therefor as is prescribed by law 
for like services and shall be paid therefor in like manner. 

(2734) 9. Proceedings, How Conducted. Fees.] The justice of the 
peace to whom certification is made shall enter upon his docket a record of all 



10 LAWS, RULES, REGULATIONS 

proceedings and to tax all costs of justice, officers and appraisers other than 
the authorized agent or agents of the state live stock sanitary board, which 
costs and fees shall be certified by him to the board of county commissioners, 
and shall be audited and paid out of the general fund of such county, the same 
as costs in criminal actions before justices of the peace; provided, however, 
that it shall appear in any such proceedings that the animal or animals 
destroyed have not been kept within the county where the proceedings are 
had for at least sixty days immediately prior to such order of destruction, 
then the costs of all proceedings hereunder shall be certified by the county 
auditor of the county wherein the proceedings took place to the state auditor, 
who shall issue a warrant on the state treasurer for the amount of the costs 
paid by the county in favor of the. county auditor of such county, such warrant 
to be paid out of the general fund of the state for the purpose of reimbursing 
said county. 

(2735) 10. Payments, When Not Made.J The right of indemnity 
shall not exist and payment shall not be made in the following cases: 

1st. For animals belonging to the United States or the State of North 
Dakota, or any city, county, township or village in the state. 

2nd. When the owner or claimant at the time of coming into possession 
of the animal or animals knew such animal Or animals to be diseased with 
glanders or exposed to such disease. 

3rd. When the owner, his agent or claimant, fails to make affidavit of 
the destruction and disposal of the carcass or carcasses before the justice of 
the peace as provided for in Section 5 of this act. 

4th. For animals found to have been diseased at the time of their arrival 
in this state. 

5th. For animals that are brought into the state to do contract work. 

6th. When the animal or animals at the time of their destruction have 
been in the state less than six months. 

7th. When the owner or owners shall have been guilty of negligence or 
[of j .wilfully exposing his or their animal or animals to the influence of 
'infected or contaminated surroundings. 

8th. When the owner or claimant is not a resident of the State of North 
Dakota. 

11. Repeal.] All acts or parts of acts in conflict with this act are hereby 
repealed. 



CHAPTER 52, PENAL CODE, COMPILED LAWS 
OF NORTH DAKOTA FOR 1913. 



IMPORTATION, SALE AND EXPOSURE OF 'INFECTED STOCK. 

9791. Importing, Using or Selling Infected Stock.] Every person 
who, either : 

1. Imports or brings into this state any horse, mule or ass, or. 



NORTH DAKOTA LIVE STOCK SANITARY BOARD 11 



2. Suffers same to run at large uj)on any common, highway or uninclosed 
land ; or, 

3. Uses, ties or keeps the same in any public place, stable or barn; or, 

4. Sells, trades or offers to sell or trade the same, knowing or having 
good reason to believe such horse, mule or ass to be infected with the disease 
known as glanders or button-farcy, is guilty of a misdemeanor, and upon 
conviction thereof, is punishable by imprisonment in a county jail, not exceed- 
ing one year, or by a fine of not less than fifty and not exceeding five hundred 
dollars, or by both. (E. C. 1905, Chap. 9072; 1888, Ch. 65, Sec. 1; E. C. 1895, 
Sec. 7331.) 



CHAPTER 164, SESSION LAWS 1915. 

(H. B. No. 463— Turner and Westdal.) 



CHANGING GLANDEEED HOESE FUND TO GLANDEES AND 
DOUEINE HOESE 'FUND. 

AN ACT to Designate the Glandered Horse Fund as the Glanders and Dourine 
Horse Fund, and to Provide for the Appraisement of Animals and Indemni- 
fication to Owners for Animals Destroyed for Dourine, and the Payment 
Therefor. 

Be it Enacted by* the Legislative Assembly of the State of North Dakota: 

1. Designating. Glanders and Dourine Horse Fund.] The fund in- 
dicated in Section 2736, Compiled Laws of the State of North Dakota, for the 
year 1913, as the glandered horse fund shall hereby be designated as the 
glanders and, dourine horse fund. 

2. Diverting Fund.] All moneys now in or hereafter deposited in the 
glandered horse fund shall be placed in the glanders and dourine horse fund 
and shall be preserved inviolate for the payment of claims for indemnity 
allowed for animals destroyed for either glanders or dourine. 

3. Appraisement, How Made.] Whenever the state live stock sanitary 
board, or its authorized agent shall deem the slaughter of a stallion, gelding, 
mare or jackass necessary for being infected with dourine, the value of such 
animals shall be determined by the actual market selling-price and the ap- 
praisement made accordingly by an agent of the state live stock sanitary 
board. Provided, that the maximum appraisement for any grade stallion, 
gelding, mare or jackass shall be one hundred ($100.00) dollars, and the 
maximum appraisement for any purebred registered stallion, mare or jackass 
shall be one hundred fifty ($150.00) dollars. Provided, that the indemnity 
paid by the state shall be a sum equal to the indemnity paid by the federal 
government. 

4. Indemnification for Animals Destroyed for Dourine.] The owner 
of any animal, appraised, condemned and destroyed for dourine shall be paid 
one-half the appraised value, as provided in Section 3 of this act, when such 
appraisement, condemnation and destruction of animal has been properly cer- 



12 . LAWS, RULES, REGULATIONS 

. * , 

tified to by the agent of the live stock sanitary board; provided, that the right 
of indemnity shall not exist and payments shall not be made in the following 
cases : 

1st. For animals belonging to the United States or the State of North 
Dakota, or any city, county, township or village in the state. 

2nd. When the owner or claimant at the time of coming into possession 
of the animal or animals knew such animal or animals to be diseased with 
dourine or exposed to such disease. 

3rd. For animals found to have been diseased at the time of their arrival 
in this state. 

4th. For animals that are brought into the state to do contract work. 

5th. W'hen the animal or animals at the time of their destruction have 
been in the. state less than six months. 

6th. When the owner or owners shall have been guilty of negligence or 
wilfully exposing his or their animal or animals to the influence of infected 
animals. 

7th. When the owner or claimant is not a resident of the State of North 
Dakota. 

All claims shall be approved by the state auditing board, and the state 
auditor shall issue warrants against the glanders and dourine horse fund for 
the amount of indemnity. 

5. Emergency.] An emergency exists from the fact that the state has 
become obligated to the federal government to incur the expense of one-half 
the indemnity for animals destroyed for dourine, and there is no designated 
fund out of which the warrants to be issued for such claims can be paid ; 
therefore, this act shall take effect and be in force from and after its passage 
and approval. 

Approved, March 11, 1915. 



RULES AND REGULATIONS CONCERNING GLANDERS AND 

GLANDERS-FARCY. 



Rule 1 — In all cases of suspected glanders or glanders-farcy, the owner 
or person in charge should immediately isolate the suspected animals, then 
notify the state veterinarian or nearest assistant state veterinarian describing 
symptoms exhibited by susj)ected animals and advising of his exact location 
in accordance with Section 17, Chapter 169, Session Laws 1907. 

Rule 2 — When the state veterinarian or regularly appointed assistant state 
veterinarian determines * by examination that an animal is affected with the 
dangerous communicable disease known as glanders or glanders-farcy, such 
animal shall be immediately condemned and destroyed in accordance with 
Section 1, Chapter 170. Session Laws 1907, as authorized by Section 9, Chapter 
169, Session Laws 1907, and the following notice shall be served on the owner 
or person in charge : 



NORTH DAKOTA LIVE STOCK SANITARY BOARD 13 

, — * — 

STATE LIVE STOCK SANITARY BOARD, STATE OF NORTH DAKOTA. 

DESTROY NOTICE. 

To Address County of 

North Dakota. 

Upon the appraisal of the following described animals as provided for in 
Chapter 175, Session Laws of 1913, you are hereby ordered to immediately 

destroy the same being affected with a dangerous 

contagious disease known as glanders, and you are further ordered to bury or 
burn said carcass. If buried, they must be at least four feet below the sur- 
face of the ground; if burned they must be entirely consumed. Failure on 
your part to carry out this order will be deemed a misdemeanor, and you will 
be subject to punishment as prescribed by law. 

Dated 19 Signed 

State Veterinarian. 



Assistant State Veterinarian. 

Where the right to indemnity does not exist, said animals shall be immedi- 
ately destroyed and be buried or burned in accordance with Section 12, Chapter 
169, Session Laws 1907. 

Providing, whenever a domestic animal has been adjudged by the state 
veterinarian or an assistant state veterinarian to be affected with glanders or 
glanders-farcy and has been ordered killed, the owner if aggrieved at the deci- 
sion may file a protest against the killing thereof in accordance with Sections 
10 and 11 of Chapter 169, Session Laws of 1907, also provisions contained in 
Section 2, Chapter 175, Session Laws of 1913. 

Where the agent of the live stock sanitary board orders the killing of an 
animal for glanders and does not witness the killing thereof, said agent must 
brand said condemned animal by burning the letter K on the central portion 
of the left side of the neck; said letter K to be not less than 3 inches high 
and 3 inches wide. 

Rule 3 — Any animal that has been exposed to the contagiou of glanders 
or glanders-farcy shall be quarantined in such place as indicated and until 
such time as said quarantine be raised, in writing, by the state veterinarian 
or duly authorized assistant state veterinarian, and it shall be the duty of the 
owner or keeper of said animal to comply with said quarantine order and 
properly disinfect all premises as directed by the state veterinarian or assistant 
veterinarian, by authority indicated in Section 9, Chapter 169, Session Laws 
1907. 

The following quarantine notice shall be served on the owner or agent in 
charge of said animals: 



14 LAWS, RULES, REGULATIONS 



STATE LIVE STOCK SANITAEY BOARD, STATE OF NORTH DAKOTA. 

QUARANTINE NOTICE. 

Office of . . . State Veterinarian North Dakota 

To Address 

You are hereby ordered, to immediately quarantine 

being on the of section , township , range , and the 

same having been exposed to, or now having symptoms of a disease known as 
glanders or glanders-farcy, and must for the safety of the public and yourself 

be kept in the same as now , separate from all others. You 

are forbidden to sell or exchange or in -any way part with said animal..., 

and must not be removed from present quarters without the written 

consent of the state veterinarian or an assistant. 

Dated this day of 19 ... . 

Signed 

State Veterinarian. 



Assistant State Veterinarian. 



Rule 4 — Whenever the owner or keeper of any animals suspected of being 
affected with or exposed to glanders, or glanders-farcy, desires diagnosis made 
by what is known as the mallein test, said test to be applied by an agent 
of the live stock sanitary board, the owner or keeper must share the expense 
of said test, said expense to owner or keeper not to exceed $5.00 per day. 

Providing that the sanitary board or state veterinarian must approve who 
may be employed to apply said test, and the employe must be a graduate of 
a recognized veterinary college in good standing. The test shall be made by the 
use of mallein issued by the North Dakota Serum Institute or manufactured or 
approved by the U. S. Bureau of Animal Industry, and according to the 
Bureau of Animal Industry regulations. 

All animals reacting to the mallein test when accompanied by any clinical 
symptoms of glanders or glanders-farcy shall be condemned and destroyed as 
prescribed in Rule 2. 

Animals thajt react to the mallein test but do not display any other 
symptoms suspicious of glanders shall be condemned and destroyed as provided 
in Rule 2, unless the owner or persons in charge shall make written request that 
such animals be placed in quarantine to be subjected to a retest. If such appli- 
cation be made to the sanitary board or agent of the board and the applicant 
shall agree with the board or agents of the board that the applicant will pay 
the expense of such quarantine and retest required, the board or agent of the 
board may order such animal into quarantine under such conditions and for 
such time as the board or agent of the board shall direct, and said animal 
shall be branded by having the letter X burned on center of right side of 
neck, said letter to be not less than two inches square. 

If upon retesting said animal or animals, said animal or animals react to 
mallein test then said animal or animals shall be condemned and destroyed 
in accordance with Rule 2. 



NORTH DAKOTA LIVE STOCK SANITARY BOARD 15 



Where animal or animals are re tested and no reaction secured or no clinical 
symptoms suspicious of glanders exhibited, said quarantine may be raised, 
providing the state veterinarian or assistant state veterinarian is satisfied that 
no further infection or exposure exists. 

The above rules and regulations concerning glanders and glanders-farcy, 
were re-established by the live stock sanitary board at Bismarck, North Dakota, 
June 19, 1913, as authorized by Section 2, Chapter 169, Session Laws of 1907, 
and to comply with Chapter 175, Session Laws of 1913, and precludes all other 
rules and regulations that may conflict on this subject. 

Penalty.] Section 20 of Chapter 169, Session Laws 1907; Chapter 38, 
Political Code, Compiled Laws, 1913, Section 2697. "Anyone violating any 
of the provisions of this act or any rule or regulation made by the state live 
stock sanitary board shall be guilty of a misdemeanor and be punished by a 
fine of not less than $25.00 or more than $500.00, or by imprisonment not 
less than thirty days or more than ninety days. ' ' 



RULES AND REGULATIONS PERTAINING TO A DANGER- 
OUS COMMUNICABLE DISEASE OF ANIMALS 
KNOWN AS DOURINE. 



The state live stock sanitary board having determined that dourine existing 
in horses in this state can only be eradicated by adopting rigid measures, there- 
fore by authority granted in Sections 2 and 9 of Chapter 169, Session Laws 
1907, the following regulations for the eradication of dourine are hereby 
established. 

1. Any owner or person in charge of any mares, stallions or jackasses, 
shall when ordered by an authorized agent of the live stock sanitary board, 
round up or gather and submit said animals to such inspection as the agent 
of the live stock sanitary board shall direct, or be subjected to arrest, as pro- 
vided for in Section 15, Chapter 1G9, Session Laws 1907. (Chapter 38, 
Political Code, Compiled Laws 1913, Sections 2679 and 2686.) 

2. Whenever it has been determined by the application of the complement 
fixation test that any mare, stallion, jack or gelding 'is infected with dourine 
said infected animal shall be appraised by the agent of the live stock sanitary 
board as hereinafter provided, and said animal shall be immediately destroyed. 

3. The value of any stallion, jack, mare or gelding, infected with dourine 
shall be determined by the actual market selling price, and the appraisement 
made accordingly. 

4. Owners will be indemnified for animals destroyed on account of being 
infected with dourine as hereinafter provided. 

5. The United States Department of Agriculture will pay one-half the 
indemnity on mares, grade stallions, jacks and geldings destroyed for dourine, 
and the state will assume the payment of one-half the indemnity subject to an 
appropriation being created by the next legislature to provide for said in- 



16 LAWS, RULES, REGULATIONS 



demnity, provided, in no instance shall the full indemnity to be paid on said 
animals exceed $100.00. Provided, in the instance of pure bred registered 
stallions and mares as determined by pedigree of registration in a recognized 
horse registry association, the maximum indemnity shall be $150.00. The 
state shall assume the payment of one-half of said maximum indemnity as 
hereinbefore provided and the United States Department of Agriculture will 
pay the balance. 

6. Considering the provision for indemnity contained in these regulations 
it is to the best interest of all parties concerned in the horse industry to 
co-operate with the sanitary authorities and use their best efforts in aiding 
in the eradication of .this disease. 

Penalty.] Any person violating any of the provisions of this act or any 
mle or regulation made by the s^ate live stock sanitary board shall be guilty 
of a misdemeanor and be punished by a fine of not less than twenty-five dollars 
or more than five hundred dollars, or by imprisonment not less than thirty days 
or more than ninety days. 

Repeal.] Any portion of the regulations pertaining to dourine previously 
established that is inconsistent with the above regulations is hereby repealed. 

Bismarck, N. D., April 17th, 1914. 



CHAPTER 38, POLITICAL CODE, COMPILED LAWS 
OF NORTH DAKOTA, 1913. 



CHAPTEE 310, SESSION LAWS OF 1911, PAGE 554:. 
(H. B. No. 355— Englund.) 

TUBERCULOSIS. 

REIMBURSEMENT OF OWNERS OF TUBERCULAR CATTLE. 

AN ACT to Provide for the Reimbursement of Owners of Cattle Destroyed 
by Order of the State Live Stock Sanitary Broad on Account of the Disease 
Known as Tuberculosis, and Providing for the Levy of a Tax to Create a 
Fund Therefor. 

(2699) 1. Notice, How Served.] Whenever any neat animal or animals 
have been adjudged to be infected with the disease known as tuberculosis, by 
the state live stock sanitary board, it shall be the duty of said board, or its 
duly authorized agent to serve a written notice upon its owner or keeper, of 
such decision before the killing of said animal or animals condemned, which 
notice shall contain the provisions for a protest according to Section 5 of this 
act, and if no protest is made by the owner or keeper, such animal or animals 
shall be appraised according to the provision's contained in Section 2 of this act. 

(2700) 2. Appraisal;, How Made.] Whenever any neat cattle has been 
adjudged to be infected with the disease known as tuberculosis by the state 
live stock sanitary board and has been ordered killed by said board and is 



NORTH DAKOTA LIVE STOCK SANITARY BOARD 17 

killed in accordance therewith, the actual value of said animal or animals at 
the time of appraisal shall be determined by the state live stock sanitary 
board or its authorized agent, within twenty-four hours after the killing is 
ordered and before it or they are killed; provided, that if the owner or keeper 
is aggrieved by such appraisal he may cause a board of appraisers to be ap- 
pointed according to Section 3 of this act. 

(2701) 3. Appraisers, How. Appointed.] In case the owner of a neat 
animal or animals to be killed under the provisions of this act, or his agent, 
is not satisfied with the appraisal made by the state live stock sanitary board 
or its agents, he may protest against the same, whereupon a board of three 
appraisers is to be formed, of which one member shall be the agent of the 
state live stock sanitary board, one member shall be selected by the owner of 
the animal or animals involved, and a third" member shall be selected by the 
first two members as herein provided. Whereupon an appraisal of animals 
involved shall be made by the board of appraisers, according to Section 4 of 
this act, and in case all three appraisers or any two of them agree upon a 
certain valuation, this appraisal shall be regarded as final. 

(2702) 4. Maximum Valuation.] In no case shall the appraised value 
of a grade neat animal of two years old or more exceed twenty-five dollars, 
nor that of a grade neat animal below that age exceed fifteen dollars; provided, 
In the ease of pure bred neat cattle, accompanied by certificates of registra- 
tion in the recognized herd book, the appraised value of said pure bred neat 
cattle of two years old or over shall not exceed fifty dollars, nor that of pure 
bred neat cattle under two years of age exceed thirty dollars. 

Note: Section 4, (2702) amended by Chapter 263, S. L. 1915. 

(2703) 5. Protest, How Made.] Providing the owner or his agent is 
aggrieved with the diagnosis of the state live stock sanitary board, or its 
agents, said owner may within twenty-four hours make protest against diagno- 
sis; and be entitled to consultation, in accordance with the provisions of Sec- 
tions 10 and 11 of Chapter 169 of Session Laws of 1907. 

(2704) 6. Pees, How Paid.] The two members of this board of ap- 
praisers, not connected with the state live stock sanitary board, shall be 
entitled to one dollar per day for their services, to be paid out of the fund 
created for the purpose of carrying out this act, upon presentation of vouchers 
to the state auditor and duly approved by the state live stock sanitary board. 

(2705) 7. Who May Take Advantage of This Act.] The owner of 
any neat cattle affected with tuberculosis, or so adjudged by the state live 
stock sanitary board, and appraised in accordance with this act shall be entitled 
to the amount named in the appraisal providing that the owner or owners of 
such neat cattle has applied to the state live stock sanitary board for a tuber- 
culin test to be made under the supervision of said board, and provided, fur- 
ther, that said owner enters into the following agreement: 

In consideration of the assistance of the state live stock sanitary board in 
the eradication of tuberculosis from my neat cattle by means of the tuberculin 
test, and in order to secure the state reimbursement for animals killed on 
account of tuberculosis, I of 



18 LAWS, RULES, REGULATIONS 



owner of said neat cattle, comprising of 

do hereby agree as follows: 

A. That I will abide by the decision of the state live stock sanitary board 
whether or not a neat animal should be killed or to be segregated on account 
of tuberculosis: 

B. In any case in which segregation is decided upon, I will cause all 
animals which react to the tuberculin test to be removed from the herd and 
portion of the premises or farm upon which the healthy animals of the herd 
are maintained, and I will cause the diseased animals to be permanently 
segregated from the healthy animals. 

C. In all cases where the milk from such segregated reacting cows is' to 
be used for any purpose whatsoever, I will cause the said milk to be sterilized 
or pasteurized. 

D. In case any reacting bull is used for breeding purposes, I agree to 
have him held on leash and not permit him to leave the premises reserved for 
his use, and that the healthy cows bred to such bull will not be unduly exposed 
to infected premises or to other diseased cattle. 

E. I will cause the young from segregated reacting animals to be removed 
from their mothers at birth, and will not permit the said young to suck their 
mothers. 

F. Any part of my premises contaminated by reacting animals will be 
submitted by me to a thorough disinfection under the direction or supervision 
of the state live stock sanitary board at my own expense. 

G. I will add no cattle to the said herd which have not passed a tuberculin 
test administered by an authorized public agent qualified to perform such test, 
or by an inspector of the Bureau of Animal Industry. 

H. In case I do not conform with any or all of the above agreements, I 
voluntarily relinquish any further claim upon the State of North Dakota for 
the reimbursement of neat cattle ordered killed on account of tuberculosis. 

I. I relinquish all claims for the carcasses of animals killed and to be 
reimbursed for by the state. 

(2706) 8. Claims, How Paid.] The return of appraisers made under 
this act shall be in writing, and signed by the state live stock sanitary board 
or its agents making the appraisement or by the board of appraisers in case 
of protest, also signed by the owner of said neat cattle condemned and certified 
to by the executive officer of the state live stock sanitary board, to the state 
auditor, who shall draw a warrant on the state treasurer in favor of the owner 
for the amount thereof. 

(2707) 9. Carcasses, How Disposed of.] All and any money realized 
by the state live stock sanitary board from the sale of the whole of any part 
of neat animals killed for tuberculosis and inspected and passed as provided 
for in Section 2005, revised codes of 1905, as amended by Chapter 162, Ses- 
sion Laws of 1909, must be turned in to the state treasurer and by him to be 
credited to the fund provided for in this act, or may be paid to the owner of 
said condemned neat cattle, and the amount thereof deducted from the ap- 
praised value of said condemned neat cattle. 



NORTH DAKOTxV LIVE STOCK SANITARY BOARD 19 

(2708) 10. Owner Shall Not be Indemnified in the Following 
Cases.] The right to be indemnified shall not exist, and payment shall not 
be made in the following cases: 

First: For animals belonging to the United States, or any county, city, 
township, or village in the state. 

Second: When the owner at the time of coming into possession of the 
animal or animals knew it or them to be diseased or suspected of it or them 
being diseased. 

Third: For animals found to have been diseased at the time of their 
arrival in this state. 

Fourth: When the owner is a non-resident and not engaged in the breed- 
ing of live stock in this state. 

Fifth: When the animal or animals, at the time of its or their killing had 
been in the state less than six months. 

. Sixth : When the owner shall have been guilty of negligence by wilfully 
exposing his animal or animals to the infection of tuberculosis or violated any 
of the sections of the agreement contained in section seven of this act. 

(2709) 11. Fund, How Created.] For the purpose of creating a fund 
to provide for the expenses incurred in carrying out the provisions of this act, 
there is hereby created a fund to be known as the bovine tuberculosis fund. 

(2710) 12. Duty op State Board of Equalization.] It shall be the 
duty of the state board of equalization at the time of the levy of the annual 
tax, to levy a special tax of one-twentieth of a mill on the dollar upon the 
assessed valuation of all property, and when collected paid into the hands of 
the state treasurer who shall at once enter the same into the bovine tuberculo- 
sis fund, said fund shall be preserved inviolate for the purpose of paying the 
expenses incurred in carrying out the provisions of this act. 

Note: Sec. 12, (2710) amended by Chap. 10, S. L. 1915. 



CHAPTER 263, SESSION LAWS 1915. 

(S. B. No. 246— McBride.) 



INDEMNIFYING OWNEKS OF TUBERCULAR CATTLE. 

AN ACT to Amend and Re-enact Section 2702 of the Compiled Laws of the 
State of North Dakota for 1913, Reimbursement of the Owners of Tuber- 
cular Cattle. 

Be it Enacted by the Legislative Assembly of the State of North Dakota: 

1. Amendment.] That Section 2702 of the Compiled Laws of the State 
of North Dakota for 1913 is hereby amended and re-enacted to read as follows: 
2702. Maximum Valuation.] In no case shall the appraised value of a 
grade neat animal of two years old or more exceed forty dollars, nor that of 
a grade neat animal under that age exceed twenty dollars; provided, in the 
case of pure bred neat cattle, accompanied by certificates of registration in 



20 LAWS, RULES, REGULATIONS 

the recognized herd book, the appraised value of said pure bred neat cattle 
of two years old or over shall not exceed eighty dollars, nor that of pure bred 
neat cattle under two years of age exceed forty dollars. 



CHAPTER 64, SESSION LAWS 1915. 

(S. B. No. 305— Englund.) 



PEOHIBITING SALE OF PUEEBEED CATTLE, CEETIFICATE OF 

HEALTH. 

AN ACT to Amend and Ee-enact Section 2761 of the Compiled Laws of the 

State of North Dakota for 1913, Prohibiting the Sale of Purebred Cattle or 

Cattle Eepresented to be Purebred, for Any Other Purpose Except Slaughter 

'Unless Accompanied by a Certificate of Health and Providing a Penalty 

Thereof. 

Be it Enacted by the Legislative Assembly of the State of North Balcota: 

1. Amendment.] That Section 2761 of the Compiled Laws of the State 
of North Dakota for 1913 is hereby amended and re-enacted to read as follows: 

2761. Certificate of Health of Purebred Cattle Eequired.] All per- 
sons selling purebred cattle, or cattle represented to be purebred, for any pur- 
pose except slaughter shall before delivery, make a statement to the state live 
stock sanitary board on blanks furnished by the board on application, indi- 
cating the number of cattle sold or to be sold, age and sex, and before delivery 
thereof such cattle shall be tested with tuberculin under the direction of the 
state live stock sanitary board, or some person duly authorized by said board, 
and if found free from disease a certificate of health shall be issued by the 
state live stock sanitary board to the owner to be delivered to the purchaser, 
said certificate shall be valid for one year from date of said test. 

Provided, that no health certificates shall be required for animals sold under 
six months of age, provided, further, that herds of cattle that have been tested 
with tuberculin under the direction of the state live stock sanitary board, and 
found free from disease, no certificate shall be required for cattle in said herd 
that were under six months of age at time of said test, or born within a year 
of said test, if sold and delivered within a year from the date of said test. 

2. Penalty.] Any person who shall sell or dispose of any purebr-ed cattle 
or cattle represented to be purebred, for any purpose except slaughter without 
furnishing a certificate of health as provided for in section one of this act. 
shall be guilty of a misdemeanor and be punished by a fine of not less than 
$25.00 or more than $500.00, or by imprisonment not less than thirty days 
nor more than ninety days. 

Approved, March 4, 1915. 



NORTH DAKOTA LIVE STOCK SANITARY BOARD 21 

REGULATIONS PERTAINING TO THE ACT PROVIDING FOR THE RE- 
IMBURSEMENT OP OWNERS OP CATTLE DESTROYED ON 
ACCOUNT OP TUBERCULOSIS, AS PROVIDED FOR IN 
CHAPTER 310, SESSION LAWS OF 1911. 

(Ch. 33, Pol. Code, C. L. 1913.) 

In accordance with Section 3, Chapter 160, Session Laws of 1907, the 
following regulations pertaining to the. eradication of bovine tuberculosis are 
hereby established: 

1. On and after December 1, 1911, the state live stock sanitary board will 
entertain applications for the tuberculin test as provided for by Chapter 310, 
Session Laws of 1911. All applications may be directed to the State Live 
Stock Sanitary Board, Bismarck, North Dakota. 

2. In order to insure an economic administration of the bovine tuber- 
culosis fund it is hereby ordered that applications relating to herds of less 
than ten head of cattle from any one locality shall be placed on file until such 
time as applications are made for the tuberculin test of a sufficient number of 
cattle from the same locality to warrant the expense of the application of the 
tuberculin test to said cattle; owners may bunch their cattle to make up a 
sufficient number. 

Provided, that owners having a limited number of cattle may have said test 
applied by an agent of the board, at their own expense, and in accordance with 
Chapter 310, Session Laws of 1911, and these regulations. 

3. In all instances where cattle are appraised and condemned for tuber-' 
culosis by the state live stock sanitary board and the owner is to receive in- 
demnity therefor, the owner shall agree to remove the hide or have same 
removed at his expense and properly dispose of the carcasses or deliver such 
cattle as may be condemned to such point as indicated by the state live stock, 
sanitary board. 

4. All moneys obtained from the salvage of cattle condemned by the state 
live stock sanitary board, in accordance with Section 9, Chapter 310, Session 
Laws of 1911, shall be immediately turned over to the owner of said con- 
demned cattle, said amount to be deducted from the appraised value by the 
agent of the state live stock sanitary board, and a proper receipt taken, to 
be forwarded to the state veterinarian and recorded by him, and filed with 
the state auditor with the return of appraisement ; or said money shall be 
turned into the state treasury and credited to the bovine tuberculosis fund. 

5. An official tuberculin test and the decision on the result of same shall 
be made in accordance with the directions for making the tuberculin test as 
established by the United States Department of Agriculture, Bureau of Animal 
Industry. 

6. All neat cattle that have been officially tuberculin tested, the results of 
said test indicating freedom from tuberculosis, may be marked by having an 
official tag placed in the left ear. Numbers of said tag, and the description of 
said animals, to be reported to the executive officer, and a record of same 
made by him. 



l22 LAWS, RULES, REGULATIONS 



CHAPTER 53, PENAL CODE, COMPILED LAWS 1913. 

CHAPTER 160, SESSION LAWS 1909, PAGE 195. 
(S. B. No. 340— Leutz.) 



MAEKING OF TUBERCULOUS CATTLE. 

AN ACT to Compel the Proper and Permanent Marking of Tuberculous Cattle 
When Shown or Proven to be so by the So-called ' ' Tuberculin ' ' Test. 

(9797) 1. Tuberculous Cattle to be Branded.] Hereafter all cattle 
that are proven tubercular by the so-called "tuberculin" test after having been 
tested by a legally qualified and duly authorized veterinary surgeon or the 
owner of such cattle or his agent, shall be immediately marked by punching 
the letter ' ' T ' ' in the left ear, said letter to be not les than one inch in height 
and breadth. 

(9798) 2. Penalty.] Any person violating the provisions of this act 
act shall be deemed guilty of a misdemeanor and shall be punished by a fine 
of not less than ten or more than fifty dollars, or by confinement in the county 
jail for not less. than ten nor more than thirty days or both. 



CHAPTER 14, POLITICAL CODE, COMPILED LAWS 1913. 
CONTAGIOUS DISEASES 



CHAPTER 60. SESSION LAWS 1909, PAGE 195. 
(S. B. No. 128— MacDonald.) 



SERUM INSTITUTE. 

AN ACT For the Creating of a Serum Institute for the Manufacture and Dis- 
tribution of Such Agents as May be Useful and Necessary in the Eradica- 
tion, Prevention and Control of Tuberculosis, Glanders, Hog-Cholera, Black- 
leg and Other Infectious and Contagious Diseases, and Providing an Appro- 
priation Therefor. 

(1657) 1. Institute Established,] There is hereby established a serum 
institute. Said institute shall be established at the state agricultural college 
and experiment station and shall be under the control and regulation of the 
trustees of the state agricultural college and experiment station and the pro- 
fessor of veterinary science of the agricultural college shall be the director of 
the said serum institute. 

(1658) 2. Duty of Director.] It shall be the duty of the director of 
said institute to manufacture or cause to be manufactured vaccines, sera, and 
other agents for the prevention, eradication, cure and control of tuberculosis, 
glanders, hog- cholera, black-leg and other infectious or contagious diseases. 



NORTH DAKOTA LIVE STOCK SANITARY BOARD 23 



(1659) 3. Serum to be Distributed.] It shall be furthermore the duty 
of the director of the said institute to distribute or cause to be distributed to 
citizens, residents of the State of North Dakota, free of charge, said vaccines, 
sera, and other agents upon application, showing evidence that the issue of 
said vaccines, sera, and other agents is warranted by existing conditions, and 
upon such conditions as may be prescribed by the live stock sanitary board. 

(1060) 4. Serum Must Not be Sold.] It shall be unlawful for any 
one receiving said vaccines, sera, and other agents issued by the state serum 
institute, to sell or offer for sale said vaccines, sera, and other agents and a 
failure to observe these provisions shall be deemed a misdemeanor and on con- 
viction shall be punished by a fine of not less than twenty-five dollars and not 
exceeding one hundred dollars. 

(1661) 5. Appropriation.] There is hereby appropriated out of any 
money inr the state treasury, not otherwise appropriated, the sum of three 
thousand dollars per annum to be paid quarterly to the treasurer of the state 
agricultural college and experiment station, on the first days of April, July, 
October and January of each year, upon the order of the state auditor, who is 
hereby directed to draw his order for the same for the use of the serum in- 
stitute as herein provided for the purpose of paying the expenses incurred by 
said serum institute, subject to the control and regulation of the board of 
trustees of the state agricultural college. 

6. Eepeal.] All acts and parts of acts in conflict with this act are hereby 
repealed. 

7. Emergency.] "Whereas, there is no provision for the preparation and 
distribution of vaccines, sera, and other agents used in the control of trans- 
missible diseases, and whereas, considerable preparation is necessary before 
their issue can be undertaken, therefore, an emergency exists and this act shall 
take effect and be in force upon its passage and approval. 



EEGULATIONS FOE DISTRIBUTION OF PRODUCTS OF SERUM 

LABORATORY. 

Under provision of Section 3, Chapter 60, Session Laws of 1909, the live 
stock sanitary board hereby establishes the following regulations to cover the 
free issue of the products manufactured by the state serum institute. 

All issue of tuberculin and mallein is made with the understanding that 
a complete report be made of all tests made with the above products, and you 
are hereby instructed not to furnish any of the above substances mentioned to 
any one more than (15) fifteen days in arrears in making returns. 

Tuberculin and mallein not used before its date has expired must be re- 
turned prepaid to the state serum institute, but it is permissible to permit the 
same to accumulate until a sufficient quantity for shipment is on hand, pro- 
vided that a statement is made on the current reports of the quantity of ex- 
pired material on hand. 

The issue of hog-cholera hyperimmune serum is to be confined only to 
cases of actual disease or danger of exposure, and to such citizens of the state 



24 LAWS, RULES, REGULATIONS 



as desire to exhibit swine at, fairs or shows. You are instructed to notify the 
executive officer of this board of any demand for serum which has been honored 
by you under provision of these instructions. 

In case of actual outbreaks of hog cholera, officers of this board will im- 
munize the exposed animals. 

You are furthermore instructed to make such arrangements as may be 
necessary to carry this regulation into effect in time to have it in operation 
not later than October 1, 1910. 



CHAPTER 182, SESSION LAWS 1915. 

(S. B. No. 158— Hy land.) 



LIVE STOCK BEOUGHT INTO THE STATE MUST HAVE HEALTH 

CEBTIFICATE. 

AN ACT to Amend and Ee-enact Sections 2762a, 2762b, 2762c, 2762d, 2762f, 
2762h and 2762i, Eelating to the Admission of Live Stock into the State of 
North Dakota. 

Be it Enacted by the Legislative Assembly of the State of North Dakota: 

1. Amendment.] That Section 2762a of the Compiled Laws of North 
Dakota for the year 1913 is hereby amended so as to read as follows: 

2762a. Horses, Mares, Mules and Asses.] All horses, mares, mules and 
asses brought into the State of North Dakota must be accompanied by health 
certificates, including mallein test certificates, certifying that the animals have 
been examined and mallein tested within thirty days previous to the date of 
shipment and found to be free from all contagious and infectious diseases; 
and every stallion brought into the State of North Dakota must be accom- 
panied by a certificate of health certifying that said stallion is free from any 
contagious, infectious or transmissible disease or unsoundness, as provided in 
Section 2765 of the Compiled Laws of North Dakota for the year 1913. 

2. Amendment.] That Section 2762b of the Compiled Laws of North 
Dakota for the year 1913 is hereby amended to read as follows: 

2762b. Cattle.] All cattle brought into the State of North Dakota must 
be accompanied by a certificate of health, and all cattle over six months of 
age which can be used for dairy or breeding purposes must be accompanied by 
a health certificate and tuberculin test chart, stating that all such animals over 
six months of age have been tuberculin tested and found to be free from tuber- 
culosis and all other contagious and infectious diseases. 

3. Amendment.] That Section 2762c is hereby amended so as to read as 
follows : 

2762c. Sheep.] All sheep brought into the State of North Dakota must 
be accompanied by a certificate of health, specifically stating that they are free 
from scabies and lip and leg ulceration, and have not been exposed thereto 
within thirty days prior to shipment, and that they are free from any indica- 
tions of any contagious or infectious diseases. 



NORTH DAKOTA LIVE STOCK SANITARY BOARD 25 



4. Amendment.] That Section 2762d of the Compiled Laws of North 
Dakota is hereby amended so as to read as follows: 

2762d. Swine.] All swine brought into the State of North Dakota must 
be accompanied by a certificate of health stating that no infectious swine disease 
exists or has existed in the locality where the shipment originated, and from 
which the swine came, within a period of six months, provided, that when such 
swine are certified by a duly accredited federal, or graduate veterinarian to 
have been immunized fifteen days prior to shipment by the Dorset-Niles- 
McBride or some other anti-hog cholera serum, prepared or approved by the 
United States Department of . Agriculture, said swine shall be admitted upon 
such certificate. All swine to be exhibited in the State of North Dakota at state 
or county fairs must be accompanied by a certificate showing that such swine 
have been immunized fifteen days prior to shipment by the Dorset-Niles- 
McBride or some other anti-hog cholera serum prepared or approved by the 
United States Department of Agriculture. To prospective exhibitors from the 
State of North Dakota the required amount of serum shall be furnished free 
of charge upon application to the state live stock sanitary board. 

5. 'Amendment.] That Section 2762f of the Compiled Laws of North 
Dakota for the year 1913 is hereby amended so as to read as follows: 

2762f. Tests.] All certificates of health shall be issued and all tuberculin 
and mallein tests shall be made by a federal or state veterinarian, deputy state 
veterinarian, or by a graduate veterinarian whose inspections and tests are 
endorsed by officer in charge of live stock sanitary work in the state where the 
said inspection or test is made, and subject to the regulations of the North 
Dakota state live stock sanitary board. All such mallein and tuberculin tests 
must conform to the standard tuberculin and mallein tests of the United States 
Department of Agriculture. 

All mallein, tuberculin and serums used must be manufactured or approved 
by the United States Department of Agriculture. 

6. Amendment.] Section 2762h of the Compiled Laws of North Dakota 
for the year 1913 is hereby amended so as to read as follows: 

2762h. Health Certificates.] The original certificate certifying to the 
aforesaid, tests must be made on official federal or state blanks, and must 
accompany said shipment to its destination. ' When such original certificate 
is made, a duplicate thereof must immediately be mailed to the state live stock 
sanitary board of this state, and failure so to do shall be deemed cause to 
refuse acceptance of any more certificates from persons guilty of this negli- 
gence. The owner or owners of said stock must also have a copy of said cer- 
tificate to show on the demand of any federal or state official. 

7. Amendment.] That Section 2762i of the Compiled Laws of North 
Dakota for the year 1913 is hereby amended so as to read as follows: 

2762i. Penalty. Besponsibility op Eailroads. Duty op State's At- 
torney.] Any person, firm or corporation, other than a railroad corporation, 
which shall bring live stock into the State of North Dakota* in violation of the 
provisions of law, or in violation of any rule or regulation of the state live 
stock sanitary board, shall be guilty of a misdemeanor, and shall be punished 
by a fine of not less than twenty -five ($25.00) dollars nor more than five him- 



26 LAWS, RULES, REGULATIONS 

dred ($500.00) dollars, or by imprisonment in the county jail of not less than 
thirty days nor more than ninety days. Any railroad which shall convey, carry, 
or transport live stock in the State of North Dakota which have not been 
inspected and tested in accordance and in compliance with the provisions of 
law and the rules and regulations of the state live stock sanitary board, shall 
be guilty of a misdemeanor, and shall be fined not less than twenty-five ($25.00) 
dollars nor more than five hundred ($500.00) dollars for each offense. 

When live stock has been brought into the state in violation of law and 
contrary to the rules and regulations of the live stock sanitary board, the state 
veterinarian or the duly accredited agent of the state live stock sanitary board 
shall notify the state's attorney of the county into which said live stock has 
been brought, and it shall be the duty of such state's attorney, immediately 
upon receiving such notice, to bring and prosecute an action against any person, 
firm or corporation charged therein with bringing, transporting, or importing 
live stock contrary to the provisions of law or the rules and regulations of the 
state live stock sanitary board, and the failure of any state's attorney to com- 
mence such action within a reasonable time shall be deemed neglect of diity 
and shall be cause for his removal from office. 



CHAPTER 38, POLITICAL CODE, COMPILED LAWS 1913. 

CHAPTEE 180, SESSION LAWS OF 1911, PAGE 279. 
(H. B. No. 194 — Cunningham.) 



EEGULATION OF HEALTH CEETIFICATES OF LIVE STOCK. 

AN ACT Eegulating the Issue of Health Certificates for Live Stock in Transit 
or Before Shipment out of the State or Upon Entering the State and Mak- 
ing Certain Acts in Violation Thereof Misdemeanors. 
(2760a) 1. Health Certificate. Who May Issue.] That each and 
every person who issues a health certificate for live stock of any class in 
transit entering the state or within the state or before shipment out of the 
state, without being duly authorized to issue such health certificates by the 
state live stock sanitary board or by the United States Department of Agri- 
culture shall be guilty of a misdemeanor. 

(2760b) 2. Each and every person violating the provisions of this act 
shall be guilty of a misdemeanor, and be punished by a fine of not less than 
twenty-five ($25.00) dollars or more than one hundred ($100.00) dollars or 
by imprisonment of not less than ten days or more than thirty days in the 
county jail. 

3. Emergency.] Whereas, there is no provision by which the fraudulent 
issue of live stock health certificates is prohibited, therefore, there exists an 
emergency and, therefore, this act shall take effect and be in force from and 
after its passage and approval. 



NORTH DAKOTA LIVE STOCK SANITARY BOARD 27 

CHAPTER 203, SESSION LAWS 1915. 

(H. B. No. 6— Noyes.) 



CLEANING OF CATTLE CAES. 

AN ACT to Provide for the Sanitation, Disinfection, and Cleaning of Bailway 
Cars Used for Transportation of Live Stock, and Prescribing Penalties for 
the Violation Thereof. 

Be it Enacted by the Legislative Assembly of the State of North Dakota: 

1. Duty of Bailway Company to Clean and Disinfect Cars.] It shall 
be the duty of every person, firm, company or corporation operating a railroad 
within the State of North Dakota to cause every railroad car that has con- 
tained live stock destined to any railway terminal or market center to be 
thoroughly cleaned by removing .all litter, manure or refuse from said car, 
and cause said car to be disinfected in such manner as may be now or here- 
after approved by the Bureau of Animal Industry of the United States De- 
partment of Agriculture before being used for the transportation of live stock 
into this state. 

2. Certificates.] Any car loaded with live stock in accordance with the 
provisions of Section 1 of this act shall have a certificate attached to the ship- 
ping bill in substantially the following form : ' ' This is to certify that Car 

No this day loaded with live stock for transportation from 

to by , the owner of said live stock, 

(or by the agent of said , owner) 

was disinfected and cleaned before said live stock was loaded therein, as pre- 
scribed by law. 

Given under my hand this day of 19 . . . 



Agent for 

Bailway, N. D. ' ' 

A duplicate of said certificate shall also be posted in a conspicuous place 
on said car. The failure to furnish and post said certificate shall be presump- 
tive evidence of a failure to comply with Section 1 of this act. 

3. PeNxVLTY.] Any -railway company violating any of the provisions of 
this act by failing to disinfect and clean said car in the manner and at the 
time required herein, shall l?e guilty of a misdemeanor, and shall be fined in 
a sum not less than fifty ($50.00) dollars and not more than five hundred 
($500.00) dollars. 

4. Emergency.] Whereas, an emergency exists in the fact that there is 
no adequate jDrovision of law for the disinfection and cleaning of railway cars 
used for the transportation of live stock into the State of North Dakota, this 
act shall take effect and be in force from and after its approval and passage. 



28 LAWS, RULES, REGULATIONS 

REGULATIONS PERTAINING TO FOOT-AND-MOUTH DISEASE OF 
CATTLE, SHEEP AND SWINE. 

The shipment or movement of cattle, sheep and swine into the State of 
North Dakota from any state not under federal quarantine for foot-and-mouth 
disease, and also from the free area of any state as indicated by the orders 
of the United States secretary of agriculture is hereby permitted. 

Provided, all shipments of above described live stock must be made strictly 
in compliance with the orders of the United States secretary of agriculture 
as far as foot-and-mouth disease is concerned. 

Provided, all shipments of live stock must be accompanied by certificates 
of health in accordance with the requirements of the laws of this state and the 
regulations of the state live stock sanitary board. 

Provided, all cattle originating in the State of New York and Wisconsin 
must be accompanied by a federal certificate of health or permit issued by 
the state live stock sanitary board of North Dakota. 

These regulations supersede all previous regulations promulgated regarding, 
foot-and-mouth disease which are hereby rescinded. 

These regulations are established by authority granted in Chapter 169, 
Session Laws 1907 ; Chapter 38, Political Code, Compiled Laws 1913, Sections 
2679 and 2686, and go into effect June 1, 1915. 



REGULATIONS PROVIDING FOR ADMISSION OF LIVE STOCK INTO 
THE STATE OF NORTH DAKOTA THAT ORIGINATE IN THE 

STATE OF ILLINOIS. 

To Managers and Agents of Railroads and Others: 

In accordance with Section 2 and Section 9, Chapter 169, Session Laws of 
1907, Chapter 38, Political Code, Compiled Laws 1913, Sections 2679 and 
2686, the following regulation is hereby established by the state live stock 
sanitary board to govern the admission into the State of North Dakota of live 
stock of any class that originate in the State of Illinois. 

The regulations of the state live stock sanitary board regarding the ad- 
mission of live stock from Illinois established November 28, 1911, are hereby 
repealed and the following regulation will apply. 

All live stock of any class originating in the State of Illinois will be 
admitted into North Dakota if accompanied by a proper certificate of health 
issued by a veterinary inspector of the United States Bureau of Animal 
Industry, or an assistant state veterinarian of Illinois endorsed by Dr. O. E. 
Dyson, state veterinarian. Said inspections to be made and certificates to be 
issued in compliance with the laws of the State of North Dakota and the 
regulations of the state live stock sanitary board. 

These regulations to become effective at such time as the embargo now 
existing on live stock originating in Illinois account of foot-and-mouth disease 
has been removed. 

Bismarck, North Dakota, January 22, 1915. 



NORTH DAKOTA LIVE STOCK SANITARY BOARD 29 



REGULATIONS PROVIDING FOR THE ADMISSION OF ANIMALS INTO 

THE STATE OF NORTH DAKOTA THAT ORIGINATE IN THE 

STATE OF SOUTH DAKOTA. 

To Managers and Agents of Railroads and Others: 

In accordance with Section 2 and Section 9, Chapter 169, Session Laws of 
1907, Chapter 38, Political Code, Compiled Laws 1913, Sections 2679 and 
2686, the following regulation is hereby established by the live stock sani- 
tary board, governing the admission into the State of North Dakota of live 
stock of any class that originates in the State of South Dakota. 

All live stock of any class originating in the State of South Dakota, 
destined to the State of North Dakota, must be accompanied by a certificate 
of health issued by a veterinary inspector of the United States Bureau of 
Animal Industry, or a veterinarian who is registered with the United States 
Bureau of Animal Industry to inspect and test horses destined to Canada. 
The inspection is to be made in accordance with the requirements of Chapter 
181, Session Laws of 1911. 

(Note: The list of veterinarians whose inspections will be accepted in 
North Dakota will be furnished upon application to the live stock sanitary 
board.) 

All live stock not accompanied by a certificate of health issued by a 
veterinary inspector of the United' States Bureau of Animal Industry or a 
veterinarian registered with the United States Bureau of Animal Industry 
to test and inspect horses destined to Canada, must be held at the state line 
and inspected by an inspector of the United States Bureau of Animal Industry 
or an 'agent of the live stock sanitary board of North Dakota; the expense of 
said inspection to be paid by the owner of the stock. 

Penalty.] Any one violating any of the provisions of this act, or any 
rule or regulation made by the live stock sanitary board, shall be guilty of 
a misdemeanor, and be punished by a fine of not less than $25.00, or more 
than $500.00, or by imprisonment not less than thirty days or more than 
ninety days. 

Bismarck, North Dakota, August 19, 1913. 



REGULATIONS PROVIDING FOR ADMISSION .OF BREEDING AND 

DAIRYING CATTLE INTO STATE OF NORTH DAKOTA THAT 

ORIGINATE IN THE STATE OF NEW YORK. 

To Managers and Agents of Railroads and Others: 

In accordance with Section 2 and Section 9, Chapter 169, Session Laws of 
1907, Chapter 38, Political Code, Compiled Laws 1913, Sections 2679 and 
2686, the following regulation is hereby established by the live stock sani- 
tary board to govern admission into the State of North Dakota of breeding 
and dairying cattle that originate in the State of New York. 

All breeding and dairying cattle originating in the State of New York, 
destined to the State of North Dakota, must be accompanied by a certificate 
of health issued by a veterinary inspector of the United States Bureau of 



30 LAWS, RULES, REGULATIONS 

Animal Industry, the inspection to be made in accordance with the require- 
ments of Chapter 181, Session Laws of 1911. 

All said breeding and dairying cattle not accompanied by a certificate of 
health issued by a veterinary inspector of the United States Bureau of Animal 
Industry must be held at the state line and inspected by an inspector of the 
United States Bureau of Animal Industry or an agent of the live stock sanitary 
board, the expense of said inspection to be paid by the owner of the stock. 

Penalty.] Any one violating any of the provisions of this act, or any 
rule or regulation made by the live stock sanitary board, shall be guilty of 
a misdemeanor, and be punished by a fine of not less than $25.00, or more 
than $500.00, or by imprisonment not less than thirty days or more than 
ninety days. 

June 19, 1913. 



REGULATIONS PROVIDING FOR THE ADMISSION OF CATTLE OF 
ANY CLASS THAT ORIGINATE IN THE STATE OF WISCONSIN. 

To Managers and Agents of Railroads and Others: 

In accordance with Section 2 and Section 9, Chapter 169, Session Laws of 
1907, Chapter 38, Political Code, Compiled Laws 1913, Sections 2679 and 
2686, the following regulation is hereby established by the state live stock 
sanitary board to govern the admission into the State of North Dakota of 
cattle of any class that orginate in the State of Wisconsin. 

All cattle of any class that originate in the State of Wisconsin, destined 
to the State of North Dakota, must be accompanied by a certificate of health 
issued by a veterinary inspector of the United States Bureau of Animal 
Industry, the inspection .to be made in accordance with the laws of the State 
of North Dakota. 

All cattle not accompanied by a certificate of health issued by a veterinary 
inspector of the United States Bureau of Animal Industry must be held at 
the state line and be inspected by an inspector of the United States Bureau of 
Animal Industry or an agent of the state live stock sanitary board, the expense 
of said inspection to be paid by the owner of the stock. 

Penalty.] Any one violating any of the provisions of this act, or any 
rule or regulation made by the live stock sanitary board, shall be guilty of 
a misdemeanor, and be punished by a fine of not less than $25.00, or more 
than $500.00, or by imprisonment not less than thirty days or more than 
ninety days. 

Bismarck, North Dakota, January 22, 1915. (Effective March 1, 1915.) 



REGULATIONS REGARDING THE INSPECTION OF CATTLE SHIPPED 

FROM SOUTH ST. PAUL, MINNESOTA, AND SUCH OTHER POINTS 

AS THE STATE LIVE STOCK SANITARY BOARD MAY 

DESIGNATE. 

To Managers and Agents of Bailroads and Others: 

All cattle over six months of age that can be used for breeding or dairying 



NORTH DAKOTA LIVE STOCK SANITARY BOARD 31 



purposes shipped from South St. Paul, Minnesota, into the State of North 
Dakota must be tuberculin tested and accompanied by certificate of health 
issued by a veterinary inspector of the United States Bureau of Animal 
Industry. 

Provided, in instances where an inspector of the Bureau of Animal .Industry 
is not available the inspection may be made 'by a graduate veterinarian, but 
such certificate must be accompanied by a statement to this effect signed by 
the inspector in charge, Bureau of Animal Industry, and all cattle so inspected 
must be identified by being marked with ear tags bearing serial number, same 
to be indicated on health certificate. 



STATE LIVE STOCK SANITARY BOARD OF NORTH DAKOTA. 
RULES AND REGULATIONS PROHIBITING THE USE AND DISTRIBU- 
TION OF HOG CHOLERA VIRUS OR VIRULENT BLOOD. 

The live stock sanitary board having determined that the distribution of 
hog cholera virus, and the indiscriminate use of this material endangers the 
swine industry of this state and tends to , spread the disease, therefore, by 
authority granted in Section 2, Chapter 169, Session Laws 1907, Chapter 38, 
Political Code, Compiled Laws 1913, Sections 2679 and 2686, the following 
regulations are established : 

1. Any person, firm or corporation is hereby prohibited distributing, using 
or introducing hog cholera virus or virulent blood within this state. 

Penalty.] Any person violating any of the provisions of this act, or any 
rule or regulation made by the state live stock sanitary board shall be guilty 
of a misdemeanor and be punished by a fine of not less than $25.00, or more 
than $500.00, or by imprisonment not less than thirty days or more than ninety 
days. 

Bismarck, North Dakota, April 17th, 1914. 



STATE LIVE STOCK SANITARY BOARD OF NORTH DAKOTA. 
RULES AND REGULATIONS PERTAINING TO THE SALE AND DIS- 
TRIBUTION OF TUBERCULLN. 

The live stock sanitary board having determined that tuberculin has been 
purchased, secured and used for the purpose of fraud, therefore by authority 
granted in Section 2, Chapter 169, Session Laws 1907, Chapter 38, Political 
Code, Compiled Laws 1913, Sections 2679 and 2686, the following regulations 
are hereby established : 

1. Any person, firm or corporation desiring to sell or distribute tuberculin 
in the State of North Dakota must first secure permission from the live stock 
sanitary board. 

2. Any person, firm or. corporation having secured permission from the 
live stock sanitary board to sell or distribute tuberculin in this state as pre- 
scribed in rule 1, must immediately notify the live stock sanitary board in 



32 LAWS, RULES, REGULATIONS 



writing of the name and address of parties furnished, including statement of 
amount of tuberculin supplied. 

Penalty.] Any person violating any of the provisions of this act, or any 
rule 0)- regulation made by the- state live stock sanitary board shall be guilty 
of a misdemeanor and be punished by a' fine of not less than $25.00, or more 
than $5<J0.00, or by imprisonment not less than thirty days or more than ninety 
days. 

Bismarck, North Dakota, April 17th, 1914. 



STATE LIVE STOCK SANITARY BOARD, NORTH DAKOTA. 
REGULATIONS REGARDING HOG CHOLERA. 

The sudden death of one or two hogs should lead owners to suspect cholera. 
A careful examination of the carcasses should at once be made, preferably by 
a veterinarian, and the carcasses must then be deeply buried or burned. (All 
hogs that have died from any disease should be buried or burned.) 

When hog cholera is found to exist the owner should immediately resort 
to the use of anti-hog cholera serum. Anti-hog cholera serum rarely cures 
hogs sick with hog cholera, but is a reasonably sure preventative. Herds that 
are infected must be confined to enclosures removed from the public highway. 

Owners having the infection on their premises must not visit other hog lots 
and you should not allow unauthorized persons to enter the premises where 
infected hogs are located. Only the one whose duty it is to feed the hogs 
should be allowed to visit the pens and this attendant should keep away from 
neighbors' pens. 

In instances where hog cholera has been found to exist by an agent of 
the state live stock sanitary board, the premises shall be posted by having 
a placard bearing the words ''Quarantine — Hog Cholera — Keep Out" placed 
in a conspicuous place near the entrance to premises. 

Pens that have contained hogs affected with cholera should be thoroughly 
disinfected with a 3-per cent, solution of compound solution of cresol. Hog 
lots that have contained cholera hogs should be deeply plowed. 

The law provides that it shall be the duty of the owner or person having 
in charge any swine that have died of any disease to immediately dispose of 
the carcasses by burying or burning same. 

The law prohibits the conveyance of diseased swine or swine exposed to 
disease, along or upon any public highway. It is unlawful for any person 
negligently or wilfully to allow his hogs or those under his control that are 
afflicted with any disease or exposed thereto, to escape his control or run at 
large. 

Penalty.] Any person violating any of the provisions of this act or 
any rule or regulation made by the state live stock sanitary board shall be 
guilty of a misdemeanor and be punished by a fine of not less than $25.00, or 
more than $500.00 dollars, or by imprisonment not less than thirty days or 
more than ninety days. 



NORTH DAKOTA LIVE STOCK SANITARY BOARD 33 



EXILES AND EEGULATIONS CONCEENING HOESE MANGE. 

1. Horses affected with mange are hereby held to be affected with a 
contagious disease as designated by the law of this state and the rules of the 
state live stock sanitary board. All. persons are hereby forbidden to transport 
such diseased horses from any point outside the state to any point within the 
state, or from place to place within the state without first obtaining written 
permit from the state veterinarian or assistant state veterinarian. No such 
permit shall be granted unless the owner or person in whose possession such 
diseased or affected animals shall be, shall first have filed with the state veter- 
inarian or assistant state veterinarian satisfactory proof that such animals 
have received the treatment that in their opinion will remove the contagion. 

2. All horses affected with or showing symptoms of mange must not be 
sold, transferred or moved by the Original owner until the contagion has been 
thoroughly eradicated, the disease known as mange being amenable to treat- 
ment when properly applied. 

3. Horse mange has become so prevalent in this state that in the opinion 
of this board stringent measures for its eradication are necessary for the 
public protection, therefore, it is hereby provided by this board that any owner 
disposing of a horse affected with mange is guilty of disposing of an animal 
affected with a contagious disease which is a misdemeanor and punishable by 
law. 

Section 20 of Session Laws of 1907: 

' ' Any person violating any of the provisions of this act or any rule or 
regulation made by the live stock sanitary board shall be guilty of a mis- 
demeanor and be punished by a fine of not less than $25.00, or more than 
$500.00, or by imprisonment not less than thirty days or more than ninety 
days. ' ' 



INSTRUCTIONS FOE APPLYING THE OPHTHALMIC TEST. 

Before the application of the ophthalmic test the animals should be care- 
fully examined to ascertain whether the eye shows conjunctivitis or other 
changes which are -associated with suppuration. Should such be present, the 
test should not be applied. 

The test consists in introducing into the conjunctival sac of the eye several 
drops of either undiluted raw mallein or a solution of precipitated mallein 
(0.1 to 0.2 c. c. per horse). This may be introduced either with the aid of 
an eye dropper or preferably with a camel Vhair brush by applying the brush 
gently along the inner surface of both the upper and lower eyelids. The other 
eye is not treated, but serves as a control for comparison of the reaction. 
For the testing of horses in the same stables the same dropper or camel 7 s-hair 
brush may be used for all animals, but the dropper or brush should be sterilized 
before use upon different lots of horses. 

As soon as the mallein is introduced into the eye practically all animals 
show a lacrimation, increased reddening of the conjunctiva, and slight photo- 
phobia. No significance should be given to these symptoms. They disappear 



34 LAWS, RULES, REGULATIONS 

in one or two hours. A pseudo-reaction can be produced by artificial or acci- 
dental irritation of the eye. 

The characteristic •manifestation of the reaction for glanders commences 
as a rule from five to six hours and lasts twenty-four to thirty-six hours, some- 
times longer. It consists of a purulent discharge from the conjunctival sac 
which is typical and is frequently associated with reddening, swelling, and 
gluing of the eyelids. It is advisable to examine the tested animals in a good 
light from 12 to 24 hours, or preferably 16 hours, after the application of 
the test. 

A suppurative discharge of varying quantities is considered a positive 
reaction. The conjunctiva and the eyeball should also be included in the 
examination after the discharge. By removing the purulent discharge (either 
by the stable attendant or by the animals licking each other, etc.,) the positive 
result may be obliterated. In such cases dried pus may be frequently found 
on the parts around the eye, or the exposure of the conjunctiva by means of 
pressure by the thumb and finger will show fresh, purulent material. 

Generally the positive ophthalmic reactions are not accompanied by fever 
or systemic disturbances. Occasionally, however, affected horses are hyper- 
sensitive to such a degree that even the few drops of mallein placed in the 
eye may enter the circulation and produce fever. Therefore, it is advisable, 
when possible, to accompany the ophthalmic reaction with temperature read- 
ings. For this purpose the temperature should be taken twice, the first time 
when the eye test is being made, and the second time when it is judged. In 
a doubtful eye reaction where there is an increased temperature of 1%° F., 
the test should be considered positive if the animal had a normal temperature 
at the time the test was made. 

In the absence of any secretion the test should be considered negative. 
When there is a mucous secretion or lacrimation during the period of reaction 
the test must be considered as atypical, and in such cases it may be repeated 
the same day, when as a rule the results are more confirming. 

The application of the ophthalmic test should not be repeated more than 
three times on the same animal within a short period, as experiments show that 
the reaction after the third application made within three months usually 
loses its intensity in positive cases and on subsequent tests may be entirely 
absent. In cases where the results of the second test immediately following 
the first test are atypical, the blood of such animals may be drawn and for- 
warded to a laboratory for the serum diagnosis, as the instillation of ophthal- 
mic mallein does not influence this method of diagnosis. From experience 
gained with the eye test such a procedure would become necessary only in 
a comparatively few cases. In the control of glanders, animals may be re- 
tested every six months with satisfactory results. 

The mallein for the eye test is a clear, sirupy, dark brown liquid, giving 
off a rancid, disagreeable odor. This mallein is supplied in small vials of 
three sizes containing, respectively, 1 cubic centimeter, 2 cubic centimeters, 
and 3 cubic centimeters of mallein. One cubic centimeter is sufficient for test- 
ing ten horses. Each bottle is dated, and the mallein is not recommended for 
use longer than three months after the date on the bottle. The bureau will 



NORTH DAKOTA LIVE STOCK SANITARY BOARD 35 



be in a position to fill orders promptly, therefore only sufficient amounts for 
immediate needs should be requested. Partly used bottles should not be kept 
over from one day to another. The portion of mallein unused at the end of a 
day should be discarded. 

INSTRUCTIONS FOR RECORDING TEST. 

The results of the test should be recorded as follows : 
N = Negative. Eye unchanged. 
S = Suspicious: Seromucous discharge. 

P ■ + = Positive. Seromucous discharge with purulent flakes. 
P H — h — Positive. Distinct purulent discharge. 

P -■) — | — \- =: Positive. Purulent discharge with swelling of the eyelids. 
P + + H — h = Positive. Strong purulent discharge with swelling and 
gluing together of both lids.. 



EEGULATIONS OF THE UNITED STATES DEPAETMENT OF AGEI- 

CULTUEAL BUEEATT OF ANIMAL INDUSTEY, FOE DISPOSITION 

OF CAECASSES OF ANIMALS AFFECTED WITH TUBEECU- 

LOSIS. 

13. Paragraph 1. The following principles are declared for guidance 
in passing on carcasses affected with tuberculosis: 

Principle A. The fundamental thought is that meat should not be used 
for food if it contains tubercle bacilli, if there is a reasonable possibility that 
it may contain tubercle bacilli, or if it is impregnated with toxic substances 
of tuberculosis or associated septic infections. 

Principle B. On the other hand, if the lesions are localized and not 
numerous, if there is no evidence of distribution of tubercle bacilli through the 
blood, or by other means, to the muscles or to parts that may be eaten with 
the muscles, and if the animal is well nourished and in good condition, there 
is no proof, or even reason to suspect, that the flesh is unwholesome. 

Principle C. Evidences of generalized tuberculosis are to be sought in 
such distribution and number of tuberculosis lesions as can be explained only 
upon the supposition of the entrance of tubercle bacilli in considerable number 
into the systemic circulation. Significant of such ' generalization are the 
presence of numerous uniformly distributed tubercles throughout both lungs, 
also tubercles in the spleen, kidneys, bones, joints, and sexual glands, and in 
the lymphatic glands connected with these organs and parts, or in the splenic, 
renal, prescapular, popliteal, and inguinal glands, when several of these organs 
and parts are coincidentally affected. 

Principle D. By localized tuberculosis is understood tuberculosis limited 
to a single or several parts or organs of the body without evidence of recent 
invasion of numerous bacilli into the systemic circulation. 

Paragraph 2. The following rules shall govern the disposal of tuberculosis 
meat: 

Eule A. The entire carcass shall be condemned. 



36 LAWS, RULES, REGULATIONS 

(a) When it was observed before the animal was killed that it was suf- 
fering with fever. 

(b) When there is a tuberculous or other cachexia, as shown by anemia 
and emaciation. 

(c) When the lesions of tuberculosis are generalized, as shown by their 
presence not only at the usual seats of primary infection, but also in parts 
of the carcass or the organs that may be reached" by the bacilli of tuberculosis 
only when they are carried in the systemic circulation. 

Tuberculous lesions in any two of the following mentioned organs are to 
be accepted as evidence of generalization when they occur in addition to local 
tuberculous lesions in the digestive or respiratory tracts, including the lym- 
phatic glands connected therewith: Spleen, kidney, uterus, udder, ovary, 
testicle, adrenal gland, brain, or spinal cord or their membranes. Numerous 
uniformly distributed tubercles throughout both lungs also afford evidence of 
generalization. 

(d) When the lesions of tuberculosis are found in the muscles or inter- 
muscular tissue or bones or joints, or in the body lymphatic glands as a result 
of draining the muscles, bones or joints. 

(e) When the lesions are extensive in one or both body cavities. 

(£) When the lesions are multiple, acute, and actively progressive. (Evi- 
dence of active progress consists in signs of acute inflammation about the 
lesions, or liquefaction necrosis, or the presence of young tubercles.) 

Eule B. An organ or a part of a carcass shall be condemned: 

(a) When it contains lesions of tuberculosis. 

(b) When the lesion is immediately adjacent to the flesh, as in the case 
of Tuberculosis of the parietal pleura or peritoneum, not only the membrane en 
part affected but also adjacent thoracic or ab'dominal wall is to be condemned 

(c) When it has been contaminated by tuberculous material, throug-i 
contact with the floor, a soiled knife, or otherwise. 

(d) All heads showing lesions of tuberculosis shall be condemned. 

(e) An organ shall be condemned when the corresponding lympharic 
gland is tuberculous. 

Eule C. The carcasses, if the tuberculous lesions are limited to a single 
or several parts or organs of the body (except as noted in Eule A), without 
evidence ot recent invasion of tubercle bacilli into the systemic circulation, 
shall be passed after the parts containing the localized lesions are removed and 
condemned in accordance with Eule B. 

Eule D. Carcasses which reveal lesions more- numerous than those de- 
scribed for carcasses to be passed (Eule C), but not so severe as the lesions 
described for carcasses to be condemned (Eule A), may be rendered into 
lard or tallow if the distribution of the lesions is such that all parts contain- 
ing tuberculous lesions can be removed. Such carcasses shall be cooked by 
steam at a temperature not lower than 220 degrees Fahrenheit for not less 
than four hours. 



NORTH DAKOTA LIVE STOCK SANITARY BOARD 37 

SUMMAEY OF DIRECTIONS FOR MAKING THE MALLEIN TEST AS 

ESTABLISHED BY THE UNITED STATES DEPARTMENT OF 

AGRICULTURE, BUREAU OF ANIMAL INDUSTRY. 

1. Mallein is a sterile product, and should be kept in the sealed bottle 
until the time of being used. It should not be used if it has become clouded 
or after the expiration of six weeks from the date stamped on the label on 
the bottle. 

2. The dose of bureau mallein is 1 cubic centimeter for the average- 
sized, apparently healthy horse. A large dose, not to exceed 2 cubic centi- 
meters, should be administered to extra-heavy, weakened, or aged animals, and 
to those suspected of having glanders. The dose should be reduced accordingly 
for small animals. Animals exhibiting symptoms of acute diseases or those 
with suppurative lesions should not be injected until they have recovered. 

3. The preferable site for injection is on the side of the neck about the 
center, where any local swelling is plainly visible. The hair should be clipped 
from an area about two inches in diameter, and the skin thoroughly cleaned 
with a disinfecting solution, such as three per cent, liquor cresolis compositus 
(IT. S. P.) or five per cent, carbolic acid. 

4. Carefully sterilize the syringe and needle before commencing the 
injection of each group of animals, and immerse the needle in a disinfecting 
solution before injecting each animal. It is better to use a separate syringe, 
needle, and thermometer for those animals which are exhibiting symptoms 
suspicious of glanders. Carbolized oil, vaseline, or lard should be used to 
facilitate the insertion of thermometers and also to disinfect them. 

5. Oil the day of injection the temperature of each animal should be 
recorded not less than three' times, at intervals of not less than two hours; 
for instance, at two, five and eight p. m. A careful clinical examination of 
each animal should also be made, and to each one some designation should 
be given by which the animal will be known throughout the test. Mallein 
may then be injected at eight or ten p. m., provided the preliminary tem- 
peratures were not abnormal. 

6. After injection the temperatures should be again recorded. Starting 
at the expiration of not more than ten hours, and should be repeated at 
intervals of approximately two. hours until expiration of at least twenty hours 
from the time of injection, and should be continued ' over a longer period in 
the case of an animal with a rising temperature at the twentieth hour, if at 
the same time a local reaction is present. 

7. In order that a reaction produced by mallein may be considered posi- 
tive, it should evince the characteristics of a typical reaction; that is, a 
combination of thermal, .local, and general reactions. 

8. By a typical reaction is to be understood a gradual rising of tem- 
perature of at least three degrees F. and to above 104 F., the maximum 
temperature being sustained in the form of a single or double plateau. It 
should be accompanied by a local as well as a general reaction. 

The local reaction consists of an infiltration at the site of injection, form- 
ing a. large, abrupt, painful swelling, with radiating lymphatics appearing as 



38 LAWS, RULES, REGULATIONS 

# , 

raised cords, generally attaining greatest prominence at from 18 to 21 hours 
after injection. 

The general reaction is exhibited by a stiffened gait, depression, loss of 
appetite, and accelerated breathing. 

9. The presence of a local reaction, especially when associated with a 
general reaction, should be regarded as evidence of glanders, even if the 
thermal reaction be slight or absent. 

10. Animals giving a typical reaction, and those recording a maximum 
temperature of 103 degrees F., should be retested after the expiration of not 
less than fifteen days. 



SUMMAEY OF DIRECTIONS FOR MAKING THE TUBEECULIN TEST 
AS ESTABLISHED BY THE UNITED STATES DEPAETMENT 
OF AGEICULTUEE, BUEEAU OF ANIMAL INDUSTEY. 

1. Stable cattle under usual conditions and among usual surroundings, 
feeding and watering in the customary manner. 

2. Make a physical examination of each animal, and give to each one 
some designation by which it will be known throughout the test. 

3. Take each animal's temperature at least three times at two or three 
hour intervals on the day of injection; for instance, at two, five and eight 
p. m. When the last preliminary temperature (which would immediately 
precede the injection) registers above 103 degrees F., the injection of the 
tuberculin should not be made; the test of such animal should be postponed. 

4. At ten p. m. inject a dose of tuberculin under the skin in the region 
of the shoulder, using a sterile hypodermic syringe after disinfecting the skin 
at the seat of injection with a 5 per cent, solution of carbolic acid or a similar 
antiseptic -solution. 

5. The dose of the tuberculin made by the Bureau of Animal Industry 
or the North Dakota Serum Laboratory is 2 c. c. for an adult animal weigh- 
ing about 750 pounds. Yearlings and two-year-olds, according to size, 
should receive from 1 to 1% c. c, while bulls and very large animals may 
receive 3 c. c. Double or even triple doses should be given to cattle recently 
injected with tuberculin; also in the case of animals which, on physical exam- 
ination, are suspected of being tuberculous. 

6. At 6 a. m. on the day following the injection of tuberculin commence 
taking temperatures, and continue every two or three hours until the twentieth 
hour after injection, at which time if there is no tendency for the temperature 
to rise the test may cease. 

7. A rise of two degrees F. or more above the maximum temperature 
observed on the previous day, or one which goes above 103.8 degrees F., as 
well as those which show a rise of less than 2 degrees F., with a maximum 
temperature of 103.8 degrees F. or more, are to be regarded as suspicious. 
These suspicious cases should be held for a retest six weeks later, giving double 
the original dose. 



NORTPI DAKOTA LIVE STOCK SANITARY BOARD H9 

DIRECTIONS FOE DISINFECTION OF PREMISES. 

In the eradication of glanders, tuberculosis, or other communicable disease 
the thorough disinfection of premises is essential. This may be satisfactorily- 
accomplished by carrying out the following directions: 

1. Sweep ceilings, side walls, stall partitions, floors, and other surfaces 
until free from cobwebs and dust. 

2. Remove all accumulations of filth by scraping, and if woodwork has 
become decayed, porous, or absorbent, it should be removed, burned, and 
replaced with new material. 

3. If floor is of earth, remove four inches from the surface, and in places 
where it shows staining with urine a sufficient depth, should be replaced to 
expose fresh earth. All earth removed should be replaced with earth from 
an uncontaminated source, or a new floor of concrete may be laid, which is 
very durable and easily cleaned. 

4. All refuse and material from stable and barnyard should be removed 
to a place not accessible to cattle or hogs in ease of disinfecting for tuber- 
culosis, nor accessible to horses or mules in case of disinfecting for glanders. 
The manure should be spread on fields and turned under, while the wood should 
be burned. 

5. The entire interior of the stable, especially the feeding troughs and 
drains, should be saturated with a disinfectant, as liquor cresolis compositus 
(U. S. P.), or carbolic acid, 6 ounces to every gallon of water in each case. 
After this has dried, the stalls, walls, and ceilings may be covered with white- 
wash (lime wash), to each gallon of which should be added 4 ounces of 
chlorid of lime. 

The best method of applying the disinfectant and the lime wash is by 
means of a strong spray pump, such as those used by orchardists. 

This method is efficient in disinfection against most of the contagious and 
infectious diseases of animals, and should be applied immediately following 
any outbreak, and, as a matter of precaution, it may be used once or twice 
yearly. 

6. It is important that arrangements be made to admit a plentiful supply 
of sunlight and fresh air by providing an ample number of windows, thereby 
eliminating dampness, stiffness, bad odors, and other insanitary conditions. 
Good drainage is also very necessary. 

If the use of liquor cresolis compositus, carbolic acid, or other coal-tar 
products is inadmissible because of the readiness with which their odor is 
imparted to milk and other dairy products, bichlorid of mercury may be used 
in the proportion of 1 to 800, or 1 pound of bichlorid to 100 gallons of water. 
However, all portions of the stable soiled with manure should first be 
thoroughly scraped and cleaned, as the albumin contained in manure would 
otherwise greatly diminish the disinfecting power of the bichlorid. Disin- 
fection with this material should be supervised by a veterinarian or other 
person trained in the handling of poisonous drugs and chemicals, as the 
bichlorid of mercury is a powerful corrosive poison. The mangers and 
feed boxes, after drying following spraying with this material, should be 



40 LAWS, RULES, REGULATIONS 

washed out with hot water, as cattle are especially susceptible to mercurial 
poisoning. The bichlorid solution should be applied by means of a spray 
pump, as recommended for liquor cresolis compositus. 



CONTENTS 4 1 



CONTENTS 



Page 
CATTLE— 

Prohibiting Sale of Purebred Cattle Without Certificate of Health 20 

CLEANING CATTLE CARS— 

Duty of Eailroad Company to Clean and Disinfect Cars 27 

DISINFECTION OF PREMISES— 

Directions for 39 

DOUKINE AND GLANDERS FUND— 

Appraisement — How Made, for Dourine 11 

Rules and Regulations Regarding Dourine 15 

GLANDERS— 

Appraisal — How Made 9 

Valuation — Maximum 8 

Procedure of Destruction 9 

Owner — Duty of 9 

Compensation for Animals Killed 9 

Justice of Peace — Duty of 9 

Sheriff— Duty of , 9 

- Payments — When Not Made 10 

HEALTH CERTIFICATES— 

Who May Issue 26 

INSTRUCTIONS— 

Pertaining to Application of 

Ophthalmo Mallein Test 37 

Disposition of Carcasses of Animals Affected with Tuberculosis 31 

Tuberculin Test '. 38 

Disinfection of Premises 39 

LIVE STOCK SANITARY BOARD— 

Establishment of 3 

Board Establishes Rules and Regulations 3 

Bacteriologist 4 

Authority, to Kill Diseased Animals 5 

Power of Board 6 

Board has Power of Justice of Peace 6 

Penalty for Violation of Law '. 6 

Killing of Diseased Stock — Method of 5 

Disposal of Carcasses of Diseased Animals 5 



4'2 CONTENTS 



Page 
LIVE STOCK— 

Brought into State Must Have Health Certificate ,. 24 

Horses, Inspection of 24 

Cattle. Inspection of 24 

Sheep, Inspection of 24 

Swine, Inspection of 25 

Tests .' : 25 

Health Certificates 25 

Responsibility of Railroads and Others 25 

REGULATIONS— 

Pertaining to Foot and Mouth Disease 28 

Pertaining to Glanders 12 

Pertaining to Dourine 15 

Pertaining to Hog Cholera 31 

Pertaining to Mange ..: - 33 

Pertaining to Sale of Tuberculin 31 

Pertaining to Sale of Hog Cholera Virus 31 

Pertaining to Admission of Live Stock from Illinois 28 

Pertaining to Admission of Live Stock from South Dakota 29 

Pertaining to Admission of Live £tock from New York 29 

Pertaining to Admission of Live Stock from Wisconsin 30 

Pertaining to Admission of Live Stock from South St. Paul 30 

TUBERCULOSIS, BOVINE— 

Appraisal, How Made 16 

Maximum Valuation for Indemnity - 19 

Who May Take Advantage of this Act 17 

Regulations Pertaining to 21 

Tuberculous Cattle. Marking of 22 



LIBRARY OF CONGRESS 



002 844 091 1 




